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The Court requires defendants filing partial motions to dismiss to file an answer to the remaining counts of the complaint. The filing of a partial motion to dismiss shall not delay the time in which the party must answer the remaining counts of the complaint.
Such motion may be made orally and ruled upon by the court or magistrate at the time of presentation, with minute of motion and ruling made in the journal (if a court of record) or on the docket (if a court not of record) or such motion may be presented in writing and set down for argument at later time.
The plaintiff shall serve his reply to a counterclaim in the answer within twenty-eight days after service of the answer or, if a reply is ordered by the court, within twenty-eight days after service of the order, unless the order otherwise directs.
A Serna motion, also known as a motion to dismiss, is a legal filing made by your attorney in order to have your criminal case dropped.
Of a defendant that responds to a complaint with a par- tial motion to dismiss?a motion directed to only some. of the plaintiff's claims.
1. When must a defendant respond to the complaint? In Ohio, a defendant must respond within 28 days after being served the summons and complaint or after completion of service by publi- cation (Ohio Civ.